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3. Confidentialitv :�ll data produced or compiled by Contractor shall be considered confidential unless it can be obtained as public
<br /> record and shall not be shared with a third party without the prior �vritten consent of County. All tinancial, statistical, person�l,
<br /> technical, and other data and information relatin��to the County's operations �i�hich is made a�ailable to the Contractor in order to
<br /> carry out this Agreement shall be presumed to be confidentiaL Contractor shall protect said data and information from unauthorized
<br /> use and disclosure by the observance of the same or more effective procedures as the Coimty rec�uires of its own personnel. The
<br /> Contractor shall not, ho�vever, be required by this paragraph to keep confidential any data or information which is or becomes
<br /> publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the
<br /> scope of the.Agreement or is rightfully obtained from third parties.
<br /> 9. Non-Assi�nabilitv Contractor shall not assign this Agreement or any portion thereof to a third party without the prior written
<br /> consent of County,and any attempted assignment without such prior�vritten consent in violation of this Section shall automatically
<br /> te�m�inate this Agreernent.
<br /> 10. Termination of AQreement The County Purchasing .Agent may, at any time from e�ecution of Agreement, tenninate this
<br /> Agreement, in whole or in part, for the convenience of the County>by ��iving written notice specifying the effective date and scope
<br /> of such temiination. Termination shall be effective on a date not less than thirty days from notice. In the event of termination, all
<br /> finished or unfinished documents, data, studies, maps, photo��rapl�s, reports, and materials (hereafte�• referred to as materials)
<br /> prepared by Contractor under this Agreement shall become tlie property of the County and shall be promptty delivered to the
<br /> County. Ir� the event of termii�ation,Gontractor shall be paid for all work satisfactorily performed until termination, except where
<br /> the contracting departmei�t detennines the quality or quantity of the work performed is unacceptable. Such pa}�ment shall be that
<br /> portion of the full payment, which is determined by comparing the �vorl:.!services completed to the work/services required by the
<br /> Agreement.
<br /> 1]. Payment of Permits/Licenses It sl�all be the Contractor's responsibility to obtain a��y license, permit or approval required from
<br /> any agency for work/services to be performed at his/her own expense, priar to commencement of said work/services or forfeit any
<br /> right to compensation under this Agreement.
<br /> 12. Non-Discrimination No person shall be e�cluded from participation in,denied benefits of,or be subject to discrimination under
<br /> this Agreement on the basis of their race,color,religion,national origin,age,sex,sexual orientation,preg�nancy,childbirth or
<br /> related conditions,medical condition,mental or physical disability or veteran's status.Contractor shall ensure full compliance with
<br /> federal,state and local la�vs,directives and eYecutive orders re�arding non-discrimination far all employees and Subcontractors
<br /> under this A�reement.The Contractor shall comply fiilly with the non-discrimination requirements required by 41 CFR 60-741.5(a),
<br /> which is incorporated herein as a fully set forth.
<br /> Violation of the non-discrimination provisions of this Agreement shall be considered a breacli of this Agreement and subject the
<br /> Contractor t�penalties,to be determined by the County Manager, including but not limited to:i}termination ofthis Agreement;
<br /> ii)disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to�years; iii j
<br /> liquidated damages of$2,500 per violation;iv)imposition of other appropriate contractual and civil remedies and sanctions,as
<br /> determine�by the Count�� Manager.
<br /> To effectuate the provisions of this paragraph,the County Manager shall have the authoriry to i)examine Contractor's en�ployment
<br /> records with respect to compliance with this paragraph;ii)set off al I or any portion of the amount described in this paragraph
<br /> against amaunts due Contractor under the Contract or any Contract bettii een Contractor and County.
<br /> Contractor shall re�port to the County Ivianager the filing by any person in any court of any complaint of discrimination or the filing
<br /> by a person of a��y and all charges wixh the Equal Employment Opportunity C'ommission,the Fair Employment and Housing
<br /> Commission or any other entity charged with the investigation c�f alle��tions within 30 days of such filing,provided that within
<br /> such 30 days such entity has i�otified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall
<br /> include the name of tl�e complainant,a copy of such complaint and a description of the circumstance.Contractor shall provide
<br /> Coimty with a copy of their response to the Complaint when filed.
<br /> Section 504 applies only to contraetors who are providing services to rnember of the public.Contractor shall comply with Section
<br /> 504 of the Rehabilitation Act of 1973,which provides that no other�.vise qualified handicapped individual shall,solely by reason of
<br /> a disability,be excluded from the participation in,be denied ttie ber�efts o�f;or be subjected to discrimination in the perforn�ance of
<br /> this contract.
<br /> 13. E�ual Benefits With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which
<br /> prohibits contractors from discriminating in the provision of employee benefits behveen an employee �vith a domestic partner and
<br /> an employee���ith a spouse.
<br /> Reuised O6/08
<br /> Disuibution-1 cepy to eaeh:Purchasing Agea�Controller,C,mractar and Depart�em of Public Works Pa9e 2
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